It shall be unlawful for a tobacco retailer to sell or permit to be
sold tobacco to any individual without first requesting and examining identification
from the purchaser positively establishing the purchaser's age as 18 years
or greater, unless the seller has some other conclusive basis for determining
the buyer is over the age of 18 years.
In view of the indiscriminate sale of tobacco products to minors through
tobacco vending machines, all tobacco vending machines are hereby prohibited
in the Borough of Alpha. It shall be unlawful for any person, firm, corporation
or association to possess, own, operate, rent or permit the use of or operation
of a tobacco vending machine in, on or about the premises under his or her
ownership, control or management or to sell, or offer to sell, any tobacco
product through a tobacco vending machine in the Borough of Alpha.
It shall be unlawful for any person under the age of 18 to smoke a tobacco
product in and/or on any public place, or to possess, in open view, an open
pack, carton or other container holding a tobacco product in any public place
unless in the presence of his or her parent or guardian.
As used in this chapter, the following terms shall have the meanings
indicated:
BOARD OF HEALTH
The Alpha Borough Board of Health and may be referred to in this
chapter as the "Board of Health," "Department" or "Board."
HEALTH OFFICER
The Health Officer of the Borough of Alpha, and/or his or her authorized
representative.
PUBLIC PLACE
Any building or enclosed structure open to the general public and
any street, road, sidewalk, walkway, park or open space located within the
Borough and maintained for use by the general public.
TOBACCO PRODUCT
Any product made from the tobacco plant or containing tobacco leaf,
for the purpose of smoking, chewing, inhaling or other personal use, including
but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff
and dipping tobacco.
TOBACCO VENDING MACHINE
Any mechanical, electrical or electronic self-service device which,
upon insertion of moneys, tokens or any other form of payment, dispenses tobacco
or tobacco products, either exclusively or as one kind of an available item.
This chapter shall be liberally construed for the protection of the
health, safety, and welfare of the people of the Borough of Alpha, Warren
County, State of New Jersey.